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HomeMy WebLinkAbout00180C - MEL HABER PARTICIPATION AGR EIR APARTMENT COMPLEX PA5 Mel Haber Enterprises Inc. Participation AGr & EIR Study Apt Complex PA5 AGREEMENT AGREEMENT #180 R540, 7-5-88 This Agreement is entered into this 5th day of July , 1988 by and between REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS (the "Agency") and MEL HABER ENTERPRISES, INC. , a California corporation, (the "Participant") . RECITALS A. The Redevelopment Plan (the "Redevelopment Plan") for the Oasis Redevelopment Project (the "Project") was adopted by the City Council of the City of Palm Springs by Ordinance No. 1224 on June 27, 1984 ; B. The Participant is the owner/lessee of certain real property (the "Site") within the Project Area (the "Project Prea") for the Project. The Site is situated at the west end of Tahquitz Way, contiguous to La Valuris Restaurant consisting of 8.7 acres, two acres of fee simple property owned by Participant and 6.7 acres of property on which the Participant has a 99 year lease. The Site is shown on the map attached hereto as Exhibit "A" and incorporated herein by this reference thereto; C. The purpose of this Agreement is to assist in the development of a high quality residential apartment complex on the Participant' s property consisting of units between 1, 800 and 2 ,500 square feet each. The design and site plan proposed to be submitted to the City of Palm Springs for development shall be mutually agreed upon between the Agency and the Participant. NOW THEREFORE, the Agency and the Participant agree as follows: 1. This Agreement shall include the Site, which is owned/leased by the Participant, as of the date of this Agreement as shown on Exhibit "A" . 2 . Responsibilities of the Agency. It shall be the responsibility of the Agency to do the following: a) To encourage the City of Palm Springs to grant approvals for construction of an apartment project consisting of units of between 1,800 and 2 ,500 square feet each; b) To provide funds to pay the costs of the Environmental Impact Report for this Project and the surrounding community, and to the pay the cost thereof, however, not to exceed $30, 000. 00; 1 f • • c) To provide funds to pay the costs of schematic architectural services of a mutually agreed upon architect for this Project, and to the pay the cost thereof, however, not to exceed $10, 000. 00; d) Reinvest back into the Project by grant to the Participant or its successors in interest, a percentage of the additional tax revenue generated by the development of the Project at the Site for a period of years to be determined, following the completion of the project to help offset excessive costs incurred for drainage holding ponds, Indian and cultural concerns, connection to the storm drain system and acquisition of the necessary easements related thereto (which will serve the entire area surrounding the Site in addition to the Site) , preservation of the historic flume, restoration of the historic rock wall, and any other excessive costs that may occur in the planning and development of the project; e) To aid the Participant or its successors in interest in obtaining the necessary approvals from the City of Palm Springs' to allow the Site to accommodate the development of the proposed Project; f) To aid the Participant or its successors in interest in obtaining the necessary approvals and easements for flood control purposes from third parties, including when necessary, by eminent domain, in order to benefit the Site and also to benefit the entire area bordered by Tahquitz Drive on the west, Indian Avenue on the east, Tahquitz-McCallum Way on the north, and Baristo Road on the south, which area is designated as a ZONE B, one hundred year flood area; and, 3 . Responsibilities of the Participant. The Participant shall: a) Agree that in the event approvals are obtained from the Agency for the Project, and from the City of Palm Springs for the Project to be developed at the Site, that the Participant or its successors in interest, will develop the Project at the Site, or alternatively will repay to the Agency the actual cost paid by the Agency for completion of the Environmental Impact Report; b) Develop and construct the Project in such a manner as to mitigate concerns relating to: i) community impact concerns; ii) traffic flow concerns; iii) Indian and cultural concerns; iv) preservation of the historic flume; v) restoration of the historic block wall along Tahquitz Way at the site; 2 vi) connection to the storm drain system and acquisition of the necessary approvals and easements related thereto; and, vii) fire protection concerns. c) Improve the maintenance of the site and establish criteria for the project as well as estimating costs and determining feasibility of the project; d) Prior to the second stage of an agreement the market will be tested to attempt to assure success in the project; e) Construct the drainage holding ponds at the Project Site in such a manner as to create a park like setting with the landscape of the general Site area and construct the flood control required as referred to in section 2 .e) hereinabove. 4. Except as otherwise provided in this Agreement, the Participant agrees and covenants to devote the Site to the uses specified in the Redevelopment Plan, to the extent that they are consistent with the City's present zoning ordinances, and to comply with all other provisions and conditions of redevelopment of the Redevelopment Plan for the period of time the Redevelopment Plan is in force and effect. Notwithstanding the foregoing, the Participant or its successors in interest shall not be required to obtain any additional approvals of the Agency for any proposed development of the Site so long as such proposed development is consistent with the Redevelopment Plan and the zoning for the Site and all normal City approvals are obtained. In the event the Participant or its successors in interest develop the Site in a manner consistent with the Redevelopment Plan and zoning for the Site, the Agency agrees it shall not exercise its power of eminent domain to acquire the Site. 5. Agency agrees that any redevelopment projects on properties adjacent to the Site shall be developed with appropriate, high-quality landscaping and/or fencing between such property and the Site and that the properties adjacent to the Site shall not be used in any manner which would unreasonably interfere with the quiet use and enjoyment of the Site (for example as a dump site, staging area for construction materials, etc. ) , whether temporary or note, except as may be necessary to allow for construction on those properties adjacent to the Site. 3 6. The Participant covenants and agrees for himself, his successors, her assigns and every successor in interest to the property, or any part thereof, that there shall be no discrimination against or segregation of any person, or group of persons, on account of race, color, creed, religion, sex, marital status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site, nor shall Participant, or its successors in interest establish or permit any such practice or practices of discrimination or segregation with reference to the selections, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the property. The foregoing covenants shall run with the land and shall remain in effect in perpetuity. 7. The Participant shall refrain from restricting the rental, sale or lease of the property on the basis of race, color, creed, religion, sex, marital status, ancestry or national origin of any person. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or non segregation clauses. a) In deeds: "The grantee herein covenants by and for himself, his heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of person on account of race, color, creed, religion, sex, marital status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the property herein conveyed, nor shall the grantee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the property herein conveyed. The foregoing covenants shall run with the land" b) In leases: "The lessee herein covenants by and for himself, his heirs, executors, administrators, and assigns, and all persons claiming under or through him, and this lease is made and accepted upon and subject tot he following conditions: 4 "That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, marital status, ancestry or national origin in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the property herein lease, nor shall the lessee himself, or any person claiming through him establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the property herein leased. " c) In contracts: "There shall be no discrimination against or segregation of, any persons or group of persons, on account of race, color, creed, religion, sex, marital status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the property nor shall the transferee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the property herein leased. " S . This Agreement shall be subordinate and subject to and be limited by and shall not defeat, render invalid or limit any mortgage or deed of trust obtained by Participant amd secured by the Site. In addition, nothing in this Agreement shall be construed to limit the right of Participant or its successors in interest to lease the Site. 9. As used in the Agreement, the masculine, feminine, or neuter gender, and the singular or plural number, shall each be deemed to include the others whenever the context so indicates. 10. If the Participant does not comply with the terms of this Agreement, the Agency may acquire the Site by any lawful means, including eminent domain, for its fair market value as of the date of this Agreement. 5 • ! 11. Either party hereto may bring an action in law or in equity, including injunctive relief, against the other party hereto for the enforcement or declaration of any right or remedies in or under this Agreement. In that event, the prevailing party shall be entitled to recover, and the other party agrees to pay, all fees and costs to be fixed by the court including, but not limited to, attorneys' fees. 12 . Formal notices, demands and communications between the Agency and the Participant shall be sufficiently given if sent by registered or certified mail, postage prepaid, return receipt requested, to the Agency and the Participant at the addresses set forth below. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time-to-time designated by mail. AGENCY: Redevelopment Agency of the City of Palm Springs 3200 East Tahquitz Way P.O. Box 1786 Palm Springs, CA 92263-1786 Attn: Redevelopment Director PARTICIPANT: Mel Haber Enterprises, Inc. 200 West Ramon Road Palm Springs, California 92262 With Copy to: Law Office of Jeffrey E. Fromberg 777 E. Tahquitz Way Suite 200 Palm Springs, California 92262 13 . The terms of this Agreement shall be binding upon the Agency and its successors in interest. MEL HABER ENTERPRISES, INC. REDEVELOPMENT AGENCY OF THE (aCalifornia corpor tion CITY OF PALM SPRINGS Melvyn HAHer, Secretary Chairman �i Asst. Secretary 6